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O-570-87 08/24/87• ORDINANCE NO. 7 0 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF LEMONT AND SUBDIVISION VARIATIONS ON THE MIRTA SUBDIVISION WHEREAS, the Planning Commission of the Village of Lemont, Cook County, Illinois (the "Village ") did heretofore commence and conduct a public hearing on August 12, 1987, for Subdivision Variations and a Zoning Amendment from R -1 to R -3 on property located at 127th and Archer Avenue, known as the Mirta Subdivision, and wholly located within the Village (the "Subject Property "); and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and was published in the July 23, 1987 edition of the Lemont Metropolitan, a newspaper of general circulation within the Village; and WHEREAS, the Planning Commission recommended that the subject property be rezoned from R -1 to R -3 and made various findings and recommendations concerning subdivision variations; and WHEREAS, the Mayor and Board of Trustees of the Village met and reviewed the aforementioned request for a zoning change and Subdivision Variations for the subject property; and WHEREAS, the Mayor and Board of Trustees of the Village have determined that the best interests of the Village will be attained by amending the zoning and approving a • • preliminary plat of subdivision with variations regarding the subject property; and WHEREAS, the Mayor and Board of Trustees of the Village approved the rezoning of the subject property and the preliminary plat pursuant to I11. Rev. Stat. Chapter 24, Section 11 -12 -8. NOW, THEREFORE, be it ordained by the Mayor and Board of Trustees of the Village of Lemont, Cook County, Illinois. SECTION 1: Final Plat Approval. That a preliminary plat be and is hereby approved and granted to Independent Trust Corporation as Trustee under Land Trust No. 538 dated December 17, 1986, or its successors or assigns (collectively referred to as the "Owner ") for the subject property legally described on Exhibit A pursuant to the plat which is attached as Exhibit B. All exhibits referred to in this ordinance are incorporated into this ordinance as if fully set forth herein. SECTION 2: Zoning District Change. The subject property described in Exhibit A be and the same is hereby rezoned from its present R -1 district zoning classification to the R -3 district zoning classification. The zoning map of the Village of Lemont be and the same is hereby amended in accordance with the provisions of this ordinance. • • SECTION 3 : W a i v e r s of Subdivision O r d i n a n c e Requirement. Waivers for the subject property from the subdivision ordinance requirements are approved as shown on Exhibit C. SECTION 4: Execution of Final Plat. That upon compliance with all other applicable subdivision regulation the Mayor, Building and Zoning Commissioner, Engineer and Village Clerk shall execute the final plat which shall be substantially the same as Exhibit B. SECTION 5: Parks and Schools. In compliance with the provisions of Ordinance No. 363 of the Village of Lemont, the Owner shall pay the park and school districts in accordance with Exhibit D. SECTION 6: Applicability of Lemont Ordinances. Except as provided herein, the zoning, subdivision, building and other ordinances of the Village of Lemont shall be in full force and effect with respect to the subject property. In the event of any conflict between the provisions of this ordinance with the exhibited attached hereto and the Village's subdivision ordinance or any other ordinance of the Village, the provisions of this Ordinance and its exhibits shall control. • • SECTION 7: Recording. This Ordinance together with all its exhibits and plans shall be recorded in the office of the Recorder of Deeds, Cook County, Illinois. All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on t h i s o?1 uday of / . /t , 1987. AYES -2P4ANJ NAYS ealit94/td."-. Approved by me this c ATTEST: PASSED C ARLENE M. SMOLLE Village Clerk , 1987. 7e,..117,1"&"1/4- CHARLENE M. SMOLLEN, Village Clerk R. NELS age Presi.en • Exhibit C Section Description of Variation Requested VIII B.2 Allow a horizontal roadway curve of not less than 100 feet for the centerline of Mirta Circle. XI A.5 Allow roadway and subdivision drainage to be provided by roadside ditches and culverts. XI B.1 Allow the proposed subdivision to be served by the existing private St. Vincent DePaul water system until such time that Village water mains have been constructed in Amber Shires to a point nearest the existing St. Vincent DePaul water system. XI D.2.a. Al low a pavement width of 27 feet for Mirta Circle, measured edge of pavement of edge of pavement. XI D.2.c Waive the requirement for installation of concrete curbs and gutters along Mirta Circle. XI D.2.g Waive the requirement for construction of concrete sidewalks within the subdivision. Exhibit D CASH /LAND ORDINANCE CONTRIBUTIONS FOR THE MIRTA SUBDIVISION There are five existing two bedroom homes and new construction is contemplated of three bedroom homes. The contributions specified herein are to be paid to the Village of Lemont in trust for the respective districts at the time of final plat approval. There shall be no restrictions on the use of the funds by the respective districts. The estimated population and school impact figures are those of the 1983 study of the Illinois School Consultants, Inc. Lemont Park District Contribution 5 (2 bedroom homes) x 1.989 =9.945 3 (3 bedroom homes) x 2.987 =8.961 18.906 estimated population 18.906 x 5.5 acres _ 1000 people = .1040 x $20,000 per acre = $2,080 contribution Lemont Elementary School District Contribution 5 (2 bedroom homes) x .146 =.73 3 (3 bedroom homes) x .555 =1.665 2.395 estimated elementary school children 2.395 x 30 acres _ 1500 students = .0479 x $20 , 000 per acre = $985 contribution Lemont High School District 5 (2 bedroom homes) x .018 =.09 3 (3 bedroom homes) x .146 =.438 .528 estimated high school children .528 x 48 acres = 2300 students = .0110 x $20,000 per acre = $220 contribution.